Watch Sen. Braun’s floor speech on SB 5071 on Jan. 21, 2026.
OLYMPIA…The Washington State Senate today passed legislation sponsored by Senate Republican Leader John Braun, to add fentanyl to the list of substances in the child endangerment law. Senate Bill 5071 was approved by a vote of 40-9.
The Senate has approved the legislation in each of the past three years. Each time, the bill moved to the House of Representatives for consideration, it failed to receive a hearing – stopping it from moving forward.
To overcome the hesitancy about the bill, Braun successfully asked the Senate to endorse a change that maintains the bill’s protection of children without requiring prison time for those accused of endangerment. For a first offense, the person charged would automatically have access to court-ordered parent support services, which could include drug treatment. On subsequent offenses, it would be up to the court’s discretion if the individual received services or was incarcerated.
“Similar diversion programs have resulted in low recidivism rates, partly because they require a high level of oversight, including frequent check-ins for compliance,” explained Braun.
As SB 5071 moves to the House for consideration – again — Braun called upon the House to seize this opportunity to pass this new version of the bill.
“I hope House Democrats listen to the pleas of law enforcement, community leaders and families who must confront the deadly effects of fentanyl on children who are exposed to the drug by the adults in their lives. This is a chance for them to put those children first,” said Braun.
“This bill does not criminalize addiction,” Braun continued. “People with Substance Abuse Disorder need help, but they are still responsible for their actions. And actions have consequences. If someone’s possession of fentanyl endangers, injures or kills a child, they should be held to account. Put children first.”